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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (March 10, 1913)
THE OREGON DAILY JOURNAL', PORTLAND, MONDAY EVENING, MARCH ICS, 1913. AFFECK I1ECTKG ' NON-SUPPORT SUITS RENT BE PiBED REBELS CAPTURE mi city r- I .- ;.-J SCALDED DATES SELECTED FOR SOCIALISTS EXPEL ; "VELLOVr LEADERS IAD IS DEAD TODAY t: MEN SPAT IN FACES T OF SUFFRAGETTES LAND PRODUC S M County Judge Cleeton .Exceed , ed Authority in Refusing Jury Trial.; Holding that County Judge Cleeton exceeded his Jurisdiction in not allow ing Bean Q. Ray a trial by jury In a non-support action, Circuit Judge Davis this morning allowed a writ of review ought by Ray's attorney. V "v The decision affects cases which have already been decided; and which come up prior to th date on which the non support law passed by the recent legis lature goes Into effect, 90 days after its passage. It also has the effect of ending habeas corpus proceedings In which the constitutionality of the pres ent law is attacked. Deputy District Attorney Smiley, who represented the state In the case, declared that this de cision by Judge Davis definitely fixes the constitutionality of the non-support law as the contention of those seeking to have It declared unconstitutional waa 1 that no appeal, was provided. Should Have Grantad-Xriftl. ' Judge Davis held that Judge Cleeton should have granted the trial by Jury as asked, that the order granting Mrs. Kay S0 a month for support and order ing Ray to pay medical, dentist, and hospital fees exceeded Judea Cleeton'a ! authority, as the law provides that a specific amount m-tst be named and the . bllli were ordered paid without naming f any amount, and that the circuit court had appellant Jurisdiction over the coun- ty court in these cases. ; Judge Cleeton lias held that the cir cuit court had only concurrent Jurisdic tion with the county court in the mat ter, in taxing, we position that the cir cult court has appellant Jurisdiction juage uavis stated that were the con tention of Judge Cleeton true there would be tlfe anomaly of an" inferior court without an appellate tribunal as no appeal can be taken to the supreme court. On this point he declared that the conditions of bringing the charge Derore tne court were entirely differ " nt as an indictment was necessary to bring a case before the circuit court while an information was all that was needed in the county court;Judge Davis aiso upoeia tne contention Uiat non-sup pon is a misdemeanor. May Be Made relony. ; Under the law passed by the recent legislature Deputy Smiley stated that Judge Davis' opinion will not have as great effect as in cases already tried and which come up before the law goes into effect. The new law provides that non-support be made a felony. As felo hies are only charged through Indict ments by tho grand Jury and must - be tried by Jury, the part of the decision TTounching the Jury trial -will he-over come by law. The legislature's action In falsing Judge Cleeton to the circuit Court and abolishing the county court will also change conditions. Under the present law Judge Cleeton is given discretion In naming the sum to be paid for the support of wives and families.' The flew law provides that 11 a week be paid tor the support of a wife and Z5 'cents for each child, the total to amount to not over $1.75 a week, The new law makes possible the extra dltion of men who fall to support their wives and children. Tho teview of the Hay case will be tafcen.up by Judge Davis Wednesday afternoon. E s (Colled rri ltt6 Wire.) New York, March 10. Implicating many civilian "higher ups" not before mentioned in the police graft Inquiry In progress here, Rosa Herts, a "resort woman, save testimony today. She de clared that she and her husband had for years paid tribute. Her confession fol lowed a conviction in the court of gen eral sessions. She named many persons who got her money, including both po lice and civilians. REPLACE LEGISLATURE (tlnltid Preaa leased Wlr.l Topeka, Kan., March 10. Recommen dations for a commission form of state government and the abolition of the present system of legislation were made In a special message submitted to the legislature today by Governor Hodges, lie suggested that a commission of from eight to 16 members be elected to meet monthly to handle the state's business, including the enactment of all laws. "AUSTRALIAN MACK" IS - RETURNED TO CANADA (United Press Leaned Wire.) New York, March 10. John McNa mara, alias "Australian Mack," wanted at New Westminster, B. C in connec tion with the robbery there of the branch Bank of Montreal, was turned over today to the Canadian authori ties. He will be taken to New West minster at once. McNama formerly conducted a sa loon In San Francisco. He stoutly pro tests ins innocence out for several months has stubbornly resisted all ef forts to extradite him. NEILL RETAINED AS LABOR COMMISSIONER (United Preei Leeied WIrt.t Washington, March 10. President Wilson today sent the following nomin ations to the senate: ' ,5'lrst assistant postmaster general, D. C, Roper, South Carolina, Third assistant postmaster general, Alexander Dockery. formerly governor of Missouri. Fourth assistant postmater . general, James Blakeslee, Pennsylvania. Commissioner of labor, Charles P. . Neill. 0 ami GIVEN GRAFT- MONEY WANTS COMMISSION TO . Wilson Fixes Office Hours, i (United r.-M Lim4 Wire.) Washington, March 10. President Wilson reooived the diplomatic corps J?.V9Jt&la??teri?00;JIercafter he pro poses to work f ronTT to . 1 1' o'clock In the morning in his' private office, this rule becoming effective today. No ap pointments will be kept before 11 o'clock, except those with members of the, cab. net. . - . . As the result of a communication re ceived by the East' Side Business Men's club, -which held its luncheon today At theVGrand Union restaurant, 3S0 East Burnside street. C T. Hall, secretary of the organization, will make an investi gation of the charges by J. Aejams that under the new system of collecting water rents it has cost the city 116,000 additional in the past two months. He claims that 20 additional clerks in necessary In the day time and 15 t night.':1..:-.: -.i --:.,' -y,- ; It; was also decided at this meeting to hold a children's parade on the east side during the Rose Festival. A com mittee including U H. Wells, . I M. Lepper 'and , Dan Kellaher was named to cooperate with the Northeast Port land Improvement club in it plans for a celebration on the occasion of . the opening of the new Broadway bridge. . NATIONAL MINIMUM ,r ' WAGE LAW PROPOSED BY INVESTIGATORS (Continued From Pare One.) providing a $12 weekly ' wage were passed in Illinois, It would drive many concerns out of business. 'It might not be harmful to' busi ness if a federal law to that effect were adopted," , he added. "I would like to ask , the' committee a question. If we pay the girls in our employ a minimum wage of 12 a day,, what shall we pay a man with a family?" Simpson invited the committee to visit the store and suggest improve ments. George Lytton, vice president of the Hub department store, waa the next witness. He testified that his company makes presents to its employes. The panl was voluntary, he said, on the part of the company, and can be term inated at will. The lowest wage paid women by his company, Lytton said, was 18.60, a week, but a girl receiving that amount would reoelve a present, under the gift plan, amounting to about 2 per .cent of her weekly salary. Ly tton refused to discuss the profits of his concern. He thought a girl could live on $8 a week. V td iris Tamllies. 'Tour minimum Is $6.60, you say," said Senator Juul. "Who do you think pava the girls the $1.60 difference?" - "Their families, should," answered the witness. . Lytton promised to furnish an Item ized statement, showing how a girl could live on 18 a week. He admitted his company could afford to pay girl employes a minimum wage of $12 a week but objected to such legislation, "because raising unskilled labor neces sitates an advance In the entire wage scale, and those now getting $12 would demand $20 a week." "No servant," broke in Senator Juul, "should work lor less than is necessary to provide food, shelter and clothing. Vou men of wealth don't seem to real ize that for years some of the members of this committee have been enacting laws to protect your 11-e and property, and you ouzht. to cooperate." Lytton promised to do everything pos sible to aid the investigators. Rockefeller Denies Invitation. (Dnlted Preu Leued Wlre.l New York, March 10. At the office of John D. RockefelVer Jr., here today, it was denied that any invitation to tho Chicago . wage. Investigators had been sent by Rockefeller, who leaves here to morrow for a six weeks' vacation. Wants State Vice Board. (United Press Leafed Wire.) Sacramento, Cal., March. 10 Declar lng that the greatest social evils rest directly on the lack of a living wage for women, and that conditions in Callfor nta were as flagrant in this respect as in Illinois 'and other eastern states which are investigating the relation of wages to white slavery. Assemblyman Arthur Shannon of San Francisco an nounced today that he would propose the creation of a state vice commission. Girl AVorkers to Testify. (United I'rett Leased Wlre.l Los Angeles, March 10. Testimony ot girl employes in department stores and laundries will be heard tonight by the Los Angeles municipal commission in vestigating women's wages. The ses sion will be held behind locked doors to protect girl workers who fear to testify openly. E. R. BRYS0N RESIGNS AS DISTRICT ATTORNEY (Special to The Journal. Salem, Or,. March 10. E. R. Brrson of iOugene, prosecuting attorney for the fourth prosecuting attorney dls trict, has submitted his resignation. wnlch has been accepted by Governor West The governor today appointed E. E. Wilson of Corvallis to fill the vacancy. Attorney Bryson gave as his reason ror his resignation the press or personal business. EARTHQUAKE DESTROYS TOWN IN GUATEMALA (United Preu teaaed Wlra.t Washington, March 10. Causing sreat loss of life and property, an earthquake destroyed the town of GuailmaullDa. Guatemala, Saturday, according to ad vices received today from the United States minister to that cquntry. The snaxe covered a radius of 16 miles and communication With the district is sev ered. Relief expeditions have been sent to the stricken town. Natural ' Alkaline Water ' Used at meals . prevents Dys pepsia and re , lieves Gout and Indigestion. Ask your Physician ' R S3 Lasts 12 Hours; Garri son Allowed to Retreat to Agua Prieta. (United Pteu Letted Wire.) Douglas, 'Ariz.. March 10. Following a 12-hour battle in which many are re ported to have been killed and wounded, the rebels occupy the town of Nacorarl, 80 mile south of the border, today. J . Tb federal garrison evacuated ; the town late last night under a flag of truce, ana izi of its original 171 mem bers marched, ..weary- and bedraggled, into Agua Prieta. opposite Douglas, to. day. How many of the 60 missing are aeaa or wounded is not known. The federal garrison at El Tigre, an Important mining center, also fell be fore the Nationalists late yesterday The government commander surren dered without firing a shot and marched out of the town. Armed townspeople harried the federals in their retreat southward, killing four and wounding 11, according to ; reports received at Ao-lla Pvlota Ast, . ' now .vuaj, General OJeda, in command of the fed. erals at Agua Prieta, withheld all poss'l- oie miormation of the defeat of the gov ernment forces at Nacozarl. Various accounts of the. battle, however, were furnished, by stragglers from the town who followed the federals in their night According to these stories the rebels greatly outnumbered? the federals, who oriereo. a desperate resistance. Many rebels were killed in addition to the neavy federal losses which seem cer tain. Wire communication withacozarl is broken today and no news of the situ ation there has been received. It is un derstood, however, that. Gnlonol n ram. lonte, who led the Nationalists In the auacK, will join forces with rebel lead ers at other disputed points after his command has recuperated from the bat tle, leaving a handful of men to guard the captured town. Border Town Panic Stricken. Nogales, Arts., March 10. Nogales. Sonora, was thrown into a panlo of fear today when a report was circulated that several hundred rebels, encamped 15 miles south of th town, were marching toward the border. Scores of refugees, carrying their valuables, fled to the American side of the international line. Colonel Emillo Kosterlitssky, com- manuer ot me Bonora rural police, ar nvea nere during the night to take cnarge or me situation, Under his com mand are 250 rurales and 150 regulars, me lauer comprising the garrison, w men is commanded Dy Uolonel Reyes. Juan Cabral, former Madero official, is at me nead or the rebel force. Re ports late yesterday, when the rebels moved to their camp .south of the town, were mat the forces comprised about 500 men. Today it was resorted that their number ranges from 500 to 1600. The safes and books of the Mexican custom house were removed to the American side of the border during the night Wagon loads of household goods, trailed by livestock, were brought across today. HE SUES BECAUSE OF UNDELIVERED MESSAGE (United Preia Leased Win.) Seattle, March 10. Because he failed to receive a telegram sent by his wife, December 3, 1910, to St Paul, MlniL, wnne ne waa temporarily absent from his home in Seattle, advising him of tne serious illness of his baby girl, Charles E. Corcoran is suing the Pos tal Telegraph Cable company for $2100 damages. The father says he was in ignorance of the baby's subsequent death and bur ial until he returned to his 'home to find his wife suffering great mental anguish over his apparent indifference and neglect. Trial of the case was begun this morning before Judge Dyk mann. Klamath' Justice In Quandary. (Salem Bureau ot The Journal.) Salem, Or., March 10. E. W. Gowen, Justice of the peace at Klamath Falls, is in a quandary, and has written the At torney General Crawford for advice. He says in January a game warden ar rested a man who had beaver skins in his possession. The man was fined and tho skins were confiscated. The Jus tice of th peace has the skins, he doesn't want them, and he doesn't know how to get rid of them without him self becoming a law violator. The as sistant attorney general Is looking into the matter. Democratic Paper for Olympla. (Special to The Journal.) , Aberdeen, Wash.f March 10. Demo crats of the state Intend to establish a daily paper at Olympla and there may be more than one paper Issued In the Interests of Democracy If all parties who desire to be interested in the pro posed publication are not let in. Papers of Incorporation have been filed by one set of Democratic) leaders. tho and which are ever ready to Fight Duffy's Pure Ut Whiskey vua kukv ukj uouy, una SoM by Braggbta, Qmt aad Deaer at .ILOOabottkL .THE DOTTY MALT John Warner. It mpnthsold, who was scalded by a kettleful of boiling soup Friday afternoon at the home of his parents, Mr. - and Mrs. John, Warner, 1117 East Twenty-fifth street north, died Saturday night at 'Good Samari tan hoapltalhacbll4'lltlotherwai attempting to warn him away from danger, when a towel which she waj waving at him caught in the handle of the soup kettle on the stove and tipped Its contents on the youngster, Chief of Police Slover says that n? report of the accident was made to the police station by the hospital authori ties, though ths city ordinances pro vide that reports of accidents stall al ways bs made, Warner, the father is a waiter, at a local hotel and arrived with his family from Germany a short Jlme ago, ARSON TRUST PAID (United Frets Letted Wire.) South Bend, Ind., March 10. Confes sion that a nation-wide . "arson trust" exists was made here today by Ben Fink, alias Flnkelberg. He admitted that SO fires in Chicago and numerous others In western cities, aggregating a loss of $500,000, were of incendiary or igin. Fink implicated 60 Chicago and New York Insurance adjusters and. 100 oth ers. He declared that Adjusters Splra and Zar of Chicago, whom he says are heads of the trust, paid him from $40) to $1600 for each building fired, Splra and Zar sometimes receiving as much as $10,000 -for each building destroyed, RESUME HEARING IN WINTERS ESCHEAT CASE Hearing of further testimony in the efforts of Mrs. Carrie B. Winters Akor of Ontario, Or., to substantiate her claim of relationship to Henry D. Winters, wealthy east side recluse who died two years ago leaving an estate of about $100,000, was resumed this morning by Judge Cleeton. , Last December Mrs. Aker's testimony was taken and today the testimony of Mrs. M. J. Mann- and A. W, Lyons was given to the effect that the photograph of Henry D. Winters was that of a Win ters who lived in Worthlngton, Conn., about 2 years ago'. E. Brong testified that Winters Introduced a young man to him as his nephew during the Lewis and Clarke fair. The' testimony now being taken is of the relationship of heirs represented by Barge K Leonard, Manning & White and Leslie J Aker, an attorney of Ontario, Or, Testimony of the numerous other olalmants will be heard later. Many depositions are to be read at the pres ent hearing from claimants in Johns town, N Y., related to Mrs. Aker. The state Is also a claimant and steps are to be taken to escheat the estate, Project Farmers Pay Under Protest, (Special to Tbe Journal.) Klamath, Falls, Or., March 101 The farmers of the Klamath project, to make sure of having water, will not refuse to pay the operation and maintenance charges. While they feel that the charge is too high, even if it is legal, they do not propose to postpone pay ment If the charge has been made contrary to law, the money will be re funded. The government ruling is that all such charges must be paid. within ten days after the supreme court of the United States renders a decision. If the decision is favorable to the reclama tlon service, this rule would work a de cided hardship on Klamath irrigation lets. They find it easier to pay when they have arranged to pay than on such short demand. Rabid Dog Kills Sheep at Durkee. (Special to The JuaraaL) Durkee, Or., March 10. A sheep dog, supposed to have become infected while defending a sheep camp near here against the attack of a pack of rabid coyotes, two of which the dog killed. later went mad. Twenty-five sheep were killed by him in one night. The camp-tender shot the dog. As other dogs of the neighborhood were bitten by him, they are being closely watched. Confer K. of C. Degrees at Pendleton. (Special to Tbe Journal. Walla Walla, Wash., March 10. A delegation of 30 members of the local order ot Knights of Columbus left on a special car Sunday morning for Pen dleton, where they assisted In the or ganisation of a chapter. A class of 50 candidates was Initiated, the Walla Walla team conferring the degrees. The local delegation returned Sunday night. The German government has com piled a chart showing the principal wireless stations throughout the world. arch most $400 T0 A FIRE tiying Month March with its raw, rough winds and uncertain weather, is a month of extreme dantrr fa those who, have allowed their systems to run down under tho strain of winter which thins tho blood and lowers tho vitality. Begin now and enrich your Wood and recover your strength. Fortify your system against the disease germs which are circu- attack by using restoring strength. WHBnttjXV ,r. Senate Committee to Get Affi davit by One of Women Marchers. (United Frew Leafed Wlrt.t Washington, 'March 10 Admission that 675 policemen were- unable to maintain order on Pennsylvania avenue here March 3, the day-of the suffragette parade, although 867 patrolmen kept that thoroughfare clear On March 4, was made today by Major Richard Syl vester, head of the metropolitan po lice department, .when he resumed the stand before the Jones senate sub-committee, investigating the failure of the police to protect the women marchers. Miss Janet Richards gave damaging testimony against the police. She swore that at one point of the parade a ser geant nd 7 patrolmen abandoned their work, making no effort to protect the women marchers. Miss Richards fur nished the numbers of the policemen whom she alleged were derelict In their duty. An affidavit that certain men deliber ately spat tobacco Juice into the faces of the women marohers was given to Miss Alice Paul, a leading Washington suffragette today by Miss Patricia Street Miss Paul doclares she Willi present it to the investigating commit tee.. Mrs. E. D. Calkins Dies at Hood River (BmcUI to The Journal. I " Hood River, Or., March 10. Mrs. E. D. Calkins, age 74 years, one of the pioneers of Hood River, died at her home near the city Friday, March 7. Mr. and Mrs. Calkins came to Hood River in 1888. They were married at Americus, Kansas, In 1877. Besides a husband, on son, Thomas, survives. Mr. Calkins belonged to the famous Iron brigade of Wisconsin and lost one leg at the battle of Antletara on Sep tember, 1862, and after the limb was shot off he stood guard for two hours. The- funeral will be held Sunday. Rev, H. A. McDonald will officiate. Durkee Saloons Mast Qnlt. (Special tn The Journal ) Durkee,. Or., March 10. Saloon men of Durkee will be forced, under an ar ticle ot the roadhouse bill eliminating saloons from unincorporated towns, passed by the recent legislature, to close their doors. Facing the prospect of a "dry"town within the next 90 days, some anxiety is being felt as to its ef fect on business. Joaquin Miller Left $53,000. (United Frees Lttaaeil Wire.) Oakland. Cal., March 10. Mrs. Abble Miller, widow of Joaquin Miller, was ap pointed administratrix of her husband's estate here today. Mrs. Miller filed an inventory showing $60,000 worth of real estate, $600 in cash, $500 In royalties and $2043 personal property. Miller left no will. Mrs. Herter Is Dead. Santa Barbara, Cat, March 10. Mrs. Christian Herter, a society leader in New York and Washington a quarter of a century ago, died at hev winter home nere today. Her son, Albert Herter, a painter, was at her bedside. BIG Guns for Modern Warfare Machinery for Modern Industry Advertising for Modern Business Bill Board Advertising la Big Advertising colors East nil East ; The land prodncts show was dated for 'ovmber 1-8 Inclusive by tbe direc tors of the organization at a meeting In the Commercial club this afternoon, John 8. Beall was elected president; J. Fred Larson, vice president; Royal W. Raymond, secretary; Wilfrid B. Jones, treasurer. An executive board was elected from a list of seven nominees, as follows: Wilbur E. Coman, H. J. Ot tehhelmer, A. P. Bateham, Wilfrid P. Jones, Julius L, Meier. On the board of 18 directors the names of W. D. Skinner and E. D. Tlmms-ware- substituted for Frank W Powar and fi. K. A ' Rnnrt nn the last year's board, v the list now standing: A. p. Bateham, W. P. Jones, H. J. Ottenheimer, Francis Sealy, Wil liam McMurray, C A. McCargar, E. D. Jorgenson, J. Fred Larson, W. H. Chap in, John S. Beall. M. A. Mayer, E. D. Tlmms, W. D.r Skinner, W. J. Hofman, F. W. Hild, Julius L. Meier,, W. E. Co nmn. F. H. Page. There was no discussion to give body to. the rumor that Ui land products show would not be held. C. C. Chapman said a legislative act made it possible to get $5000. A- P. Bateham, president of the state horticultural society, said the legislature did not appropriate mon ey for fruit prizes and this fund would have to be obtained elswhere this year. 51. J. Costello Visitor Here. M. J. Costello, assistant traffic man ager of . the Great Northern Railway company of Seattle, Is in Portland to day, en route rrom San Francisco. He reports considerable business activity in the sound city. Mutualists Plan Rally. A rally will be held by the S. E. Mutualist association at - Forty-second and Gladstone streets tomorrow night at S o'clock. A musical program will be the feature. Globe Theatre ELEVENTH AND TODAY EXTRA ' President Wilson Inauguration First Moving Picture Shown Why put them on your packages? To identify them! Then why not teach the people" what to look for? Bill Board advertising places your Products before-the People true to Colors. '... Portland Population The Outdoor Circulation Seventh arid East Everett Rank and File of Barred Lo- cals 'Must Go Through 7 "Purging" Process. (TTaKed Pretf rente Wirt.) Tacbma. Wash., March 10. By the' adoption of a resolution before the nooa recess today, delegates to the state So clallsts eonveutlok forever barred E. J. I " IB rown7OTeTmlbert,-reerg-W1rScottr- M. J. Kennedy ruid other Seattle ."yel low" leaders from the party in this , state, and fixed the time limit at three months for others to apply for member ship or reinstatement in their own or other local In the state. The resolution also bars from .membership In the fu- -ture any member of the Socialist party . who has been expelled twice or who la -convicted of party treason. Expelled Seattle locals win not be allowed to return to the party under any. conditions. Members-who have been ex pelled once must "educate" or purge themselves of "yellow" principles dur-. lng the next three months if they wish to return to the "red" fold. This In. eludes Homer T. Bone, August Elnhaus , and Mrs. Alice Yamell, and other con- servatlves. , - ; , Tacoma local No. $,. which was ex pelled at last night's session, was re, Instated today after delegates had ex plained to the grievance committee that they had been led astray through Ig norance on their part and through, ths, alleged political designs of others. , It was reported that the party has , . but $408 to meet the per diem of $2 as-, sured the delegates. Of this $222 will be. expended In giving full pay to delegates from 87 locals, while delegates from 65 locals will receive but $2.83 each' -for three days' time. WASHINGTON 3. n Hobs 2224 Sts. DCZDC - bw TiUfiayn "V,